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NY J81568

March 21, 2003

CLA-2-61:RR:NC:TA:354 J81568


TARIFF NO.: 6107.12.0010

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, Washington 98104

RE: The tariff classification of a men’s garment from Taiwan.

Dear Mr. Mento:

In your letter dated February 28, 2003, you requested a classification ruling on behalf of KP Sports, Inc. dba Under Armour® Performance Apparel. The provided sample will be returned as per your request.

The submitted sample, style 0026, is a men’s long leg brief constructed of knitted 81% polyester 19% elastane fabric. The brief features an exposed elasticized waistband measuring approximately 1-1/2 inches wide with “Under Armour” embroidered at equal intervals on the outer surface and hemmed leg openings.

The applicable subheading for style 0026 will be 6107.12.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: underpants and briefs: of man-made fibers . . . men’s. The duty rate will be 15 percent ad valorem.

Style 0026 falls within textile category designation 652. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 646-733-3054.


Robert B. Swierupski

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